Borough of Berlin, NJ General Provisions

“An ordinance adopting a revision and codification of the ordinances of the Borough of Berlin, in the County of Camden and State of New Jersey, providing for the repeal of certain ordinances not included therein and the saving from repeal of certain other ordinances not included therein.

WHEREAS, the Mayor and Borough Council of the Borough of Berlin, in the County of Camden and State of New Jersey, have heretofore determined that it is in the public interest to undertake the codification and revision of the general ordinances of the Borough of Berlin and of the Board of Health of the Borough of Berlin; and

WHEREAS, pursuant to said determination, the Borough has caused its ordinances of a general and permanent nature to be compiled and revised and the same embodied in a revision and codification known as the "Code of the Borough of Berlin, in the County of Camden and State of New Jersey," and

WHEREAS, pursuant to N.J.S.A. 40:49-4, the governing body of a municipality may provide for the revision and codification of its ordinances, and

WHEREAS, the enactment of this ordinance providing for the codification of the ordinances of a general and permanent nature will promote the general welfare of the Borough of Berlin and its citizens:

Now, therefore, be it ordained by the Mayor and Borough Council of the Borough of Berlin, in the County of Camden and State of New Jersey, that:”

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Berlin of a general and permanent nature, adopted by the Mayor and Borough Council of the Borough of Berlin and the Board of Health of the Borough of Berlin, as revised, codified, and consolidated into titles, chapters and sections by General Code Publishers Corporation and consisting of Chapters 1 through 84, together with an Appendix, are hereby approved, adopted, ordained and enacted as "The Code of the Borough of Berlin, in the County of Camden and State of New Jersey."

§ 1-2 Code supersedes prior ordinances.

This ordinance shall supersede all other general and permanent ordinances passed by the Mayor and Borough Council of the Borough of Berlin and by the Board of Health of the Borough of Berlin prior to the enactment of this Code, except such ordinances as are expressly saved from repeal or continued in force and effect as shall hereafter be set forth by reference.

§ 1-3 When effective.

All provisions of the Code of the Borough of Berlin, in the County of Camden and State of New Jersey shall be in full force and effect on and after the effective date of this ordinance.

§ 1-4 Repeal of ordinances not contained in or inconsistent with provisions of Code.

All ordinances of a general and permanent nature, adopted by the Mayor and Borough Council of the Borough of Berlin and by the Board of Health of the Borough of Berlin, in force on the date of the adoption of this ordinance and not contained in the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, or which are inconsistent with any provisions contained in such Code, are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.

§ 1-5 Ordinances saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-4 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any right or liability established, accrued or incurred under any legislative provision of the Borough of Berlin or of the Board of Health of the Borough of Berlin prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Borough of Berlin or of the Board of Health of the Borough of Berlin or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of the Borough of Berlin.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Mayor and Borough Council.

Any ordinance of the Borough of Berlin providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Borough of Berlin or any portion thereof.

Any ordinance or resolution of the Borough of Berlin appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Borough of Berlin or other instruments or evidence of the Borough's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of taxes, assessments or charges.

The dedication of property or approval of preliminary or final subdivision plats.

Any ordinance of the Mayor and Borough Council adopted on final passage after the first day of June, 1968.

§ 1-6 Changes in previously adopted ordinances.

In compiling and preparing the ordinances of the Borough of Berlin and of the Board of Health of the Borough of Berlin for adoption and revision as part of the Code of the Borough of Berlin in the County of Camden and State of New Jersey pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Mayor and Borough Council of the Borough of Berlin, and of the Board of Health of the Borough of Berlin, that all such changes be adopted as part of the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, as if the ordinances so changed had been previously formally amended to read as such.

§ 1-7 Copy of Code on file.

A copy of the Code of the Borough of Berlin in the County of Camden and State of New Jersey in loose-leaf form has been filed in the office of the Borough Clerk of the Borough of Berlin and shall remain there for the use and examination of the public until final action is taken on this ordinance; and if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of Berlin by impressing thereon the Seal of the Borough of Berlin, as provided by law, and such certified copy shall remain on file in the office of the Borough Clerk, to be made available to persons desiring to examine the same during all times while the said Code is in effect.

§ 1-8 Amendments to Code.

Any and all additions, amendments or supplements to the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, when passed and adopted in such form as to indicate the intention of the Mayor and Borough Council and/or of the Board of Health to be a part thereof, shall be deemed to be incorporated in such Code, so that reference to "The Code of the Borough of Berlin, in the County of Camden, and State of New Jersey" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code of the Borough of Berlin, in the County of Camden and State of New Jersey shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the said Code, as amendments and supplements thereto.

§ 1-9 Code book to be kept up-to-date.

It shall be the duly of the Borough Clerk or someone authorized and directed by the Borough Clerk to keep up-to-date the certified copy of the book containing the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, required to be filed in the office of the Borough Clerk for the use of the public. All changes in said Code and all ordinances adopted by the Mayor and Borough Council or the Board of Health subsequent to the first day of June 1968, which shall be specifically adopted as a part of the Code, shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-10 Sale of Code book; supplements provided.

Copies of the Code book containing the Code of the Borough of Berlin in the County of Camden and State of New Jersey may be purchased from the Borough Clerk of the Borough of Berlin upon the payment of a fee to be set by resolution of the Mayor and Council, who may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-11 Publication; filing.

The Borough Clerk of the Borough of Berlin and the Secretary of the Board of Health of the Borough of Berlin, pursuant to law, shall cause to be published in the manner required, a copy of this adopting ordinance in a newspaper of general circulation in the Borough of Berlin. Sufficient copies of the Code of the Borough of Berlin in the County of Camden and State of New Jersey shall be maintained in the office of the Borough Clerk for inspection by the public at all times during regular office hours. The enactment and application of this adopting ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-12 Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or parts thereof.

§ 1-13 Severability of ordinance provisions.

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-14 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion thereof, or to alter or tamper with such Code in any manner whatsoever, which will cause the law of the Borough of Berlin to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $200 or imprisonment for not more than 90 days, or both, in the discretion of the Magistrate imposing the same.

§ 1-15 Effective date of this ordinance.

This ordinance shall take effect immediately after final approval and publication according to law.

Article II Adoption of Renumbering of 2002 Code

[Adopted 8-28-2002 by Ord. No. 2002:12]

§ 1-16 Adoption of renumbering.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Berlin of a general and permanent nature adopted by the Mayor and Council of the Borough of Berlin on June 17, 1968, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and as renumbered to consist of Chapters 1 through 335, together with an Appendix, are hereby approved, adopted, ordained and enacted as "Parts I and II of the Code of the Borough of Berlin," hereinafter known and referred to as the "Code."

	Borough of Berlin
	Derivation Table of 1968 Code to 2002 Code
Chapter/Title from 1968 Code		Location in 2002 Code
	PART I
	ADMINISTRATIVE ORDINANCES
1.	General Provisions
	Article I, Adoption of Code	Ch. 1, Art. I
2.	Checks, Returned	Ch. 119
3.	Claims Procedure	Ch. 7
4.	Court, Municipal	Ch. 11
5.	Drug- and Drunk-Driving-Free Zones	Ch. 148
5A.	Economic Development Committee	Ch. 16
6.	Employees and Officers
	Article I, Purchasing Agent	Ch. 46, Art. II
	Article II, Grant Officer	Ch. 46, Art. III
	Article III, Municipal Administrator	Ch. 46, Art. IV
	Article IV, Chief Financial Officer	Ch. 46, Art. V
7.	Fire Marshal	Ch. 46, Art. I
8.	Historic Preservation Commission	Ch. 28
9.	Local Assistance Board	Ch. 35
11.	Nepotism	Ch. 42
12.	Police Department	Ch. 52
15.	Salaries	Ch. 62
	PART II
	GENERAL ORDINANCES
18.	Airports
	Article I, Air Safety and Hazardous Zoning	Ch. 76, Art. I
19.	Alcoholic Beverages	Ch. 82
20.	Amusement Devices	Ch. 86
22.	Boardinghouses, Rooming Houses, Hotels, Etc.	Ch. 98
23.	Board of Health	Ch. 25
24.	Brush, Weeds and Obnoxious Debris	Ch. 101
26.	Buildings and Structures, Dangerous and Unfit	Ch. 105
27.	Buildings, Numbering of	Ch. 111
27A.	Cats	Ch. 89, Art. III
28.	Construction Codes, Uniform	Ch. 129
29.	Contractors and Sign Erectors	Ch. 132
31.	Criminal Registration	Ch. 136
32.	Curfew	Ch. 140
33.	Dogs
	Article I, Licensing	Ch. 89, Art. I
	Article II, Running at Large	Ch. 89, Art. II
	Article III, Vicious and Potentially Dangerous Dogs	Ch. 89, Art. IV
	Article IV, Removal of Nuisances	Ch. 89, Art. V
37.	Fire Prevention
	Article I, Fire Prevention Code	Ch. 162, Art. I
	Article II, Fire Department	Ch. 20, Art. I
37A.	Fire Prevention Administration	Ch. 162, Art. II
38.	Flood Damage Control	Ch. 167
38A.	Garage Sales	Ch. 176
38B.	Games of Chance
	Article I, Raffles	Ch. 173, Art. I
39.	Garbage, Rubbish and Trash	Ch. 278
40.	Gas- and Oil-Burning Equipment	Ch. 179
41.	Gasoline Service Stations	Ch. 182
41A.	Hazardous Substances	Ch. 188
42.	Housing, Affordable	Ch. 193, Arts. I and II
42A.	Housing Fees, Affordable	Ch. 193, Art. III
43.	Insurance
	Article I, Fire Insurance Claims	Ch. 197, Art. I
44C.	Littering	Ch. 207
45.	Loitering	Ch. 211
46.	Mercantile Licenses	Ch. 218
47.	Nuisances	Ch. 226
48.	Parking Areas, Municipal
	Article I, Areas Bounded by White Horse Pike and Haines Avenue	Ch. 234, Art. I
48A.	Parks and Recreation Areas	Ch. 236
49.	Peddlers, Solicitors and Canvassers	Ch. 241
51.	Political Fund-Raising	Ch. 55
52.	Property Maintenance	Ch. 246
55.	Refrigerators, Abandoned	Ch. 253
59.	Sanitary Code [Board of Health]	Ch. 355
60.	Sewers
	Article I, Sewer System Connections	Ch. 261, Art. I
	Article II, Sewer Rents	Ch. 261, Art. II
	Article III, Industrial Wastes in Sewers	Ch. 261, Art. III
	Article IV, Connection to Municipal Sewer System [Board of Health]	Ch. 358
62.	Shows, Circuses, Carnivals and Amusements	Ch. 266
63.	Snow Emergency Parking	Ch. 232, Art. I
64.	Soil Removal	Ch. 274
65.	Sound Trucks	Ch. 282
68.	Streets, Sidewalks and Curbs	Ch. 287
72.	Swimming Pools	Ch. 292
73.	Tattooing Body Piercing and Body Branding	Ch. 296
74.	Taxation	Ch. 299
75.	Taxicabs	Ch. 301
76.	Towing	Ch. 306
77.	Trailers and Camp Cars	Ch. 309
80.	Vehicle and Traffic	Ch. 315
81.	Vehicles, Unlicensed (Snowmobiles, Minibikes)	Ch. 320
82.	Water
	Article I, General Provisions	Ch. 67
	Article II, Water Emergencies	Ch. 327, Art. I
84.	Zoning	Ch. 335
	APPENDIX
A85.	Cable Television Franchise	Ch. A365

§ 1-17 Additional changes.

The following changes are hereby adopted as part of the process of republication: All references to "N.J.R.S." or "N.J.S." are hereby revised to read "N.J.S.A."